GARRETT
V.
GARRETT

BROBBEY J.: The parties are a married couple. There are two cases pending in court involving both of them. The husband was the first to file his case against his wife on 5 July 1989. It was numbered as case No. 1190/89. That was soon followed by a divorce petition filed by the wife against the husband on 9 August 1989. It was numbered as D. and M.C. 1410/89. Both cases raised property claims which the parties contest.

Before the commencement of the trial, Nana Akufo-Addo who appeared for Mrs. Mary Rose Garrett raised a preliminary legal point. For convenience, Mrs. Garrett will hereafter be referred to as the defendant and Mr. Garrett as the plaintiff.

The essence of the point raised by counsel for the defendant is this: The plaintiff was officially declared a bankrupt in 1985. The bankruptcy order was made in England under the English Bankruptcy Act, 1914 (4 and 5 Geo, c. 59). By sections 18(1) and 53 of the said Act, property of an undischarged bankrupt, whether situate in or outside …